R-97-03-27-11F - 3/27/1997and
Now Therefore
ATTEST:
N
CHR1 L NO, Secretar
Ez ASSY.
K:\ NPDOCS \RRSOLUTI \RS70337P.NPD /els
RESOLUTION NO. R- 97- 03- 27 -11F
WHEREAS, the Texas Department of Transportation ( "TxDot ") is
planning to construct additional lanes of traffic on IH 35 from FM
3406 to Georgetown, and
WHEREAS, as part of this project, TxDot has offered to
construct continuous freeway illumination, a portion of which will
be in the city limits of Round Rock, and
WHEREAS, it is the policy of TxDot for cities to share in
the power and maintenance costs of continuous freeway illumination,
WHEREAS, TxDot has submitted an Agreement for Construction,
Maintenance and Operation of Continuous Highway Illumination
Systems Within Municipalities (100% Blanket) ( "Agreement ") and
WHEREAS, the City Council wishes to approve said Agreement,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City the Agreement with TxDot, a copy of said
Agreement being attached hereto as an Exhibit.
RESOLVED this 27th day of March, 1997.
CHARLES CLTL'PER, Mayor
City of Round Rock, Texas
STATE OF TEXAS
AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION
SYSTEMS WITHIN MUNICIPALITIES
(100% Blanket)
COUNTY OF TRAVIS
This AGREEMENT dated this 1t0li day of Allprt1
between State of Texas, hereinafter referred to as the "State," party
of the first part, acting by and through the Texas Department of
Transportation, and the City of ROUAJD Rock, , W fl.L, /4 Qti County,
Texas, acting by and through its duly authorized officers under an
ordinance or resolution passed the o l y of MAgak , 19 97 ,
hereinafter called the "City," party of the second part, is made to
become effective when fully executed by both parties.
W I T N E S S E T H
WHEREAS, the City has requested the State to contribute financial aid
in the construction, maintenance and operation of a highway illumination
system on freeways and expressways as defined in Highway Commission
Minute Order 82420. Within the City, said illumination system
hereinafter referred to as the "illumination system" is to consist of
continuous lighting to be built in sections as financed and designated by
the Texas Transportation Commission; and
WHEREAS, the Executive Director, acting for and in behalf of the
Texas Transportation Commission, has made it known to the City that the
State will construct said highway illumination system, conditioned that
the City, as provided in Highway Commission Minute Order No. 82420 and
Article 6673b, Vernon's Texas Civil Statutes, will maintain and operate
said illumination system.
1 of 6
194/ , by and
Form 1074
11 -91
A G R E E M E N T
NOW, therefore, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto to be by them respectively
/kept and performed as hereinafter set forth, it is agreed as follows:
1. CONSTRUCTION RESPONSIBILITIES
a. The State will prepare or provide for the plans and
specifications, advertise for bids, let the construction contract, or
otherwise provide for the construction, and will supervise construction,
reconstruction or betterment work as required by said plans• and
specifications. As a project is developed to construction stage, either
as a unit or in increments, the State will submit plans and
specifications of the proposed work to the City and will secure the
City's consent to construct the lighting system prior to awarding the
contract; said City consent to be signified by the signatures of duly
authorized City officers in the spaces provided on the title sheet of
plans containing the following notation:
"Attachment No.
to special AGREEMENT FOR
CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS
HIGHWAY ILLUMINATION SYSTEM WITHIN MUNICIPALITIES,
dated
The City - State construction, maintenance and operation
responsibilities shall be as heretofore agreed to,
accepted, and specified in the Agreement to which these
plans are made a part."
b. All costs of constructing the illumination system will be borne
by the State, and the illumination system will remain the property of the
State.
2 of 6
Form 2074
11 -91
2. MAINTENANCE AND OPERATION RESPONSIBILITIES
a. The City hereby agrees to furnish at its expense the electrical
energy required for proper operation of the illumination system, such
electrical energy to be provided at points on the illumination system as
designated by the State. The City further agrees to maintain and operate
the illumination system in an efficient and sightly condition, including
the furnishing of all equipment and labor and making any replacements
which may become necessary, without cost to the State.
b. The City will assume maintenance and operation on a date to
correspond with the date construction of the illumination system is
completed and accepted by the State. The State will provide written
notification to the City of such acceptance. The City hereby agrees to
furnish at its expense the electrical energy consumed by the system
during the period of trial operation prior to acceptance by the State.
If the illumination system is constructed by sections, this provision
shall apply to each such separately constructed section.
c. The City will obtain approval of the Executive Director before
making any major changes in the design and /or operation of the
illumination system as designed and constructed by the State or before
the removal of any part of the installation except for the purpose of
replacement where identical or accepted equivalent equipment to that
originally installed is used.
3. GENERAL
a. This Agreement shall remain in force for a period of two years
from the date that maintenance and operation responsibilities are first
assumed by the City and shall be automatically renewed for two -year
periods unless modified by mutual agreement of both parties.
3 of 6
Fcrr1 1674
11 -91
b. The State will not incur any financial obligation to the City as
a result of this Agreement.
c. This Agreement may be terminated sixty (60) days after the filing
of a written notice by either party of a desire for cancellation. The
Sate reserves the right to remove the illumination system upon
cancellation of the Agreement.
d. If, at any time, the City does not maintain and operate the
illumination system in a satisfactory manner, the State reserves the
right to either arrange for maintenance at the expense of the City or to
remove the illumination system. Should the illumination system be
removed due to lack of maintenance, the City hereby agrees to reimburse
the State for the cost of removal.
e. Should disputes arise as to the parties' obligations under this
Agreement, the State's decision shall be final and binding.
f. The City shall comply with all federal, state, and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees
of any court, or administrative bodies or tribunals in any matter
affecting the performance of this Agreement.
g. Changes in time frame, character, cost or obligations authorized
herein shall be enacted by written amendment. Any amendment to this
Agreement must be executed by both parties within the contract period.
h. This Agreement shall bind, and shall be for the sole and
exclusive benefit of the respective parties and their legal successors
The City shall not assign or transfer its interest in this Agreement
without written consent of the State.
4 of 6
Form 1074
11 -91
i. In case any one or more of the provisions contained in this
Agreement shall, for any reason, be held invalid, illegal, or
unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this
Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never be contained herein.
j. This Agreement constitutes the sole and only agreement for
lighting at the location described herein of the parties hereto and
supersedes any prior understandings or written or oral agreement between
the parties respecting the within subject matter.
4. INDEMNIFICATION
To the extent permitted by law, the City indemnify and save harmless
the State, its agents or employees, from all suits, actions or claims and
from all liability and damages for any and all injuries or damages
sustained by any person or property in consequence of any neglect in the
performance, or failure of performance of the City, its agents and
employees under this Agreement.
5 of 6
Form 10'
11 -.1
IN WITNESS WHEREOF, the parties have thereunto affixed their
signatures, The City of RadAJO
1,101
and of Transportation
/+� on the 0i/ day of
�`^ ' nJ , 19 97 a nd the Texas Department
,on the (� day of /d19Y'i 1
ATTEST:
APPROVED:
, 19 g7 .
(Title of Signing Official)
THE STATE OF TEXAS
Certified as being executed for the purpose
and effect of activating and /or carrying out
the orders, established policies, or work
programs heretofore approved and authorized by
the Texas Transportation Commission under the
authority of Minute Order 100002.
By: ✓ _ 0 V ` e.
District Engtneer
DATE: - /(v — cj 7
6 cf 6
. cr. ,r
DATE: March 25, 1997
SUBJECT: City Council Meeting, March 27, 1997
ITEM: 11F. Consider a resolution authorizing the Mayor to execute an agreement
with Texas Department of Transportation for IH 35 Lighting.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
Staff recommends entering into a Agreement with TxDoT for IH 35 lighting
improvements from U.S. 79 to the north city limits. The annual cost of the agreement is
estimated at $14,440. These costs cover maintenance and power costs. Please refer to
attached memo regarding option 4.
Texas Department of Transportation
City of Round Rock
CIO Tom Word, P.E.
221 East Main Street
Round Rock, Texas 78664
Dear Tom:
Please find enclosed a fully executed agreement for the installation and maintenance of Illumination on
the I.H. 35 Main Lanes from F.M. 3406 North to Westinghouse Road.
If you have any questions, please call at (512) - 863 - 2842.
Gerald D. Pohlmeyer
Engineering Specialist
R- 97- 03 =a7 F
P.O. DRAWER 15426 • AUSTIN, TEXAS 78761 -5426 • (512) 832 -7000
P.O. Box 862
Georgetown, Texas 78627
April 17, 1997
An Equal Opportunity Employer
RECEIVED APR 2 11997
Mayor
Charles Culpepper
Mayor Pro
Earl Palmer
Council Members
Robert Sdaka
Rod Morgan
Rick Stewart
Martha Chug
llouny Joseph
City Manager
Robert 4 Bennett, Jr.
City Attorney
Stephan L. Sheets
CITY OF ROUND ROCK
•
April 1, 1997
Mr. James Klotz, P.E.
Texas Department of Transportation
P.O. Box 862
Georgetown, TX 78627 -0862
Dear Mr. Klotz:
The Round Rock City Council approved Resolution No. R- 97- 03- 27 -11F
on March 27, 1997.
Enclosed is a copy of the resolution and two original Agreement for
Construction, Maintenance and Operation of Continuous Highway
Illumination Systems Within.
Please sign both agreements, retain one for your files and return the
other to me at the above address. If you have any questions, please do
not hesitate to call.
Sincerely,
Joanne Land
Assistant City Manager/
City Secretary
Enclosures
Fax: 512 - 218.7097
1.800-735-2989TDD 1-800-735-2988 14103
221 Fast Main Street
Round Rock, Texas 78664
512 - 218 -5400
DATE: December 12, 1996
TO: Jim Nuse
Public Works Director
FROM: Tom Word
Traffic Engineer
CITY OF ROUND RO ,K
INTEROFFICE MEMORANDUM
RE: DI 35 ILLUMINATION IMPROVEMENTS
The Texas Department of Transportation (TxDOT) plans to award a contract in June of 1997 to
add a third main lane for each direction of travel on IH 35 beginning at FM 3406 and extending
through Georgetown. The modifications will be accomplished by filling in the median of the
freeway, paving the median, and constructing a center median barrier. TxDOT is asking the City
of Round Rock if we want to extend northward with this project the continuous freeway lighting
that presently is in place on 1H 35 from the south city limits to the US 79 interchange.
By TxDOT policy, the city is required to participate in the cost of continuous lighting on a
freeway in one of two ways.
• 100% Blanket Agreement - TxDOT agrees to pay for all construction costs to install the
continuous freeway illumination systems. In return, the city agrees to pay for all maintenance
and electrical power costs associated with operating the system each year.
• 50% - 50% Agreement - TxDOT and the city agree to equally share all construction,
maintenance, and electrical power costs associated with building and operating the continuous
freeway illumination system.
As part of the third lane construction project, TxDOT will install safety lighting at all entrance
ramps, exit ramps, and crossing road intersections, and will pay for the cost of maintenance and
electrical power for the safety lighting systems.
I believe the City of Round Rock has four options to consider.
• Option 1 No expansion of the existing continuous freeway illumination system which ends
just north of US 79. I would recommend that we request TxDOT to install the necessary
conduit and foundations to allow the illumination systems to be installed at some date in the
future.
PUBLIC WORKS DEPARTMENT
Estimated Additional Illumination Costs for Round Rock for III 35
100 % Agreement
50% / 50% Agreement
Option 1
0
0
Option 2
$5130 / year
$45,000 initially + $2565 / year
Option 3
$11,210 / year
$141,525 initially + $5605 / year
Option 4
$14,440 / year
$182,500 initially + $7220 / year
• Option 2 Extend the existing continuous freeway illumination system from just north of US
79 to just north of FM 3406.
• Option 3 Extend the existing continuous freeway illumination system from just north of US
79 to just north of FM 1431.
• Option 4 Extend the existing continuous freeway illumination system from just north of US
79 to the north Round Rock City Limit
The following table summarizes the estimated costs the City of Round Rock could anticipate
incurring with each of the four options under each of the two agreement types.
The operation costs are based upon an annual maintenance cost of $70 per pole and an annual
electrical energy cost of $120 per pole. No attempt has been made to forecast increases in future
energy costs. Therefore, future costs to the city could be higher than those indicated above. The
typical pole is a twin luminaire and mast arm pole.
Georgetown has indicated to TxDOT that they want to install continuous freeway lighting from
Westinghouse Road to North of Georgetown.
Your guidance in this matter is requested.
cc: Al Wille
03/28/97 10:09
DATE:
$218 5583 PUBLIC WORKS
CITY OF ROUND ROCK
PUBLIC WORKS DEPARTMENT
2008 Enterprise
Round Rock, Texas 78664
Telephone: 512 -218 -5555, FAX: 512 -218 -5563
. TELEFAX TRANSMISSION 'COVER PAGE
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4.4 CITY HALL 2,001 /003
FROM:
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PLEASE CALL 512- 218 -5555 IF ALL PAGES ATE NOT RECEI E:
Texas Department of Transportation
Project: 15-08 -090, Etc.
Control: 0015 -08 -090, Etc.
Highway: IH 35
County: Williamson
Mr. Tom Word
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Dear Torn:
PUBLIC WORKS
P.O. DRAWER 15426 • AUSTIN, TEXAS 78761 -5426 • (512) 832 -7000
P. O. Box 862
Georgetown, Texas 78627 -0862
(512) 863 -2842
FAX (512) 869 -1419 •
November 21, 1996
An Equal Opportunity Employer
++4 CITY HALL 0002/003
In reference to our discussions concerning illumination on the main
lanes of IH 35 on the upcoming 3rd lane extension through Round Rock,
please be advised of the following.
There appears to be two (2) possible avenues that we can pursue:
41 We can split the up front construction on a 50% State -
50% City basis and then split the energy and maintenance costs
at these percentages. Most of our cities hire an illumination
contractor to perform this work and bill us for our 50% of the
maintenance costs.
#2 The State pays for 100% construction cost and the City pays for
all energy and maintenance cost. This option has a lower up front
impact but maintenance costs can be an unknown.
As we discussed, the State will pay for all safety lighting at ramps,
etc.
We anticipate a cost of $275,000 to light from FM 3406 to Westinghouse
Road. This will be approximately seventy(70) sections.
The lighting of the above limits will leave a void in continuous illumination
from US 79 to FM 3406. This section is not in the project limits. If the City
elects to light this section of roadway, it will have to be pursued separately.
Another contract can be prepared to utilize the illumination standards that
were not installed in the previous Interstate widening project in the late 1980's.
03/28/97 10:11
■
$218 5563
November 21, 1996 Page 2
I have included a copy of both agreements for your review. We need to decide
how the City would like to proceed, in the relatively near future, so that design
can proceed accordingly.
If you need additional information, please advise.
GP:pa
cc: Preliminary Project File
PUBLIC 'WORKS
Sincerely,
4 CITY HALL 0003/003
James D. Klotz, P.E.
Area Engineer